Zinda v Ark School

Zinda v Ark School

The compromise agreement was valid and effective, and the Employment Tribunal had no jurisdiction to re-open the unfair dismissal claim. Section 10 of the Unfair Contract Terms Act 1977 did not apply to the compromise agreement in this context.

Parties
Applicant: Zinda; Respondent: Ark School
Jurisdiction
England and Wales
Judgment Date
28 July 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
renewed application for permission to appeal refused
Legal Topics
Compromise Agreements, Unfair Dismissal, Jurisdiction, Unfair Contract Terms
Employment Law Contract Law Compromise Agreements Unfair Dismissal Jurisdiction Unfair Contract Terms

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Parties

Zinda

Applicant

Ark School

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the compromise agreement was void under section 10 of the Unfair Contract Terms Act 1977
  2. 2 Whether the Employment Tribunal had jurisdiction to re-open the unfair dismissal claim
  3. 3 Whether clauses in the compromise agreement infringed statutory requirements

Ratio Decidendi

The compromise agreement was valid and effective, and the Employment Tribunal had no jurisdiction to re-open the unfair dismissal claim. Section 10 of the Unfair Contract Terms Act 1977 did not apply to the compromise agreement in this context.

Court Disposition

renewed application for permission to appeal refused